Senate concurrent resolution calls for IP to investigate unlawful use of $36 million by government

Pago Pago, AMERICAN SAMOA — Having expressed their disgruntlement and discontent at the government for spending $36 million without their approval, Senators yesterday were divided on the language of a concurrent resolution which calls for the Attorney General to request the court for an independent prosecutor to investigate how these funds were unlawfully used.

Senator Togiola T.A. Tulafono stated that after listening to the language of the resolution which was read in full at its final reading, he recommended that the Senate should consider making amendments that would reflect what exactly they want to achieve, and to consider their relationship as two official branches of government — Legislature and Executive.

Togiola was referring to part of the concurrent resolution where the Senate President Tuaolo Manaia Fruean had briefed members of the Senate on a meeting he and House Speaker Savali Talavou Ale had on the previous day with Gov. Lemanu P.S. Mauga and Lt. Governor Talauega E.V. Ale.

“…He stated the Governor informed them that the Executive Branch had collected more revenue than they had forecasted for Fiscal Year 2023. He reported they had collected approximately $36 million over their projections. The Governor also reported that they, the Executive branch had already spent the $36 million, despite acknowledging they knew the law requires them to report any new revenue to the Legislature for appropriation.

“It is clear to the Legislature the supplemental bill presented, with its proposed appropriations is at the very least, misleading. It panders to an administration who does not honor nor uphold the law, nor the boundaries between the branches of government.

“It is disrespectful of the check and balance system that exists to prevent the exact behavior they are engaging in.

“The supplemental bill is an affront to our Western form of democracy as well as our traditional Samoan culture.

“They have usurped the Legislature's legal duty to appropriate monies needed to run our government as a whole.

“They have commandeered the legal responsibility of the Legislature to ensure a balanced budget.

“The proposed appropriations indulge an administration that believes it can do whatever it wants.

“Their disdain and indifference to the role of the Legislature is blatant and palpable.

"It is arrogant of the Executive Branch to assume the Legislature will just ‘forgive’ them for breaking the law.

“The Legislature has no jurisdiction over ‘forgiveness’ of illegal acts.

“Only God can forgive us of our sins…”

In discussion, Sen. Togiola said that the resolution emphasizes that the governor and lt. governor have broken the law, and then at the end it asks for an independent prosecutor to investigate who had broken the law.

“It is there that I’m worried about. because it’s a serious situation where we are accusing the governor and lt. governor of disrespecting the Constitution and the law and not considering the individual and constitutional rights of the three equal branches of government,” he explained.

Togiola then requested that the resolution be referred to the Conference Committee which will work on the amendments before submitting the resolution tomorrow for review and passage by the Senate after which it will be referred to the House of Representatives.

He reiterated that they should be cautious and mindful of being criticized of always speaking of the harmonious and respectful relationship between the three branches of government and yet, “we have passed legislation that accuses the governor and lt. governor of breaking the law without any investigation into the matter.

“I feel that the resolution must have results — that have results of investigations — that will verify that there are aspects of the supplemental bill for the $36 million of unbudgeted and unobligated revenue of FY 2023 that violate the law,” Togiola reasoned.

The Sua senator pointed out that no investigation has been carried out on this matter, only claims that the funds have already been spent.

“But the question that arises is, has any proof been submitted to the Senate to verify these claims?” Togiola asked. “If these claims are right, then the resolution that we should submit should verify that the administration has violated the Constitution and law, and request the attorney general to request court for an independent prosecutor to investigate the matter.”

Responding, the Senate President Tuaolo Manaia Fruean asked, “What about the fact that the governor admitted they have broken the law?”

Togiola replied, “Well I wasn’t there, I didn’t hear him say that.”

Tuaolo however insisted, “Yes he did say it.

“I was there, which is why I’m trying to explain it.”

Senator Malaepule Saite Molliga expressed his support for Togiola’s motion to refer the resolution to the chamber’s Conference Committee for the necessary amendments before resubmitting it in the next day’s regular session for passage.

Senator Fonoti Tafa’ifa Aufata stated that the matter should be referred to the federal authorities for an extensive investigation and for members to speak out honestly for what is right instead of hiding the truth from the public because of family ties.

The Senate President then announced that the concurrent resolution would be referred to the Conference Committee comprising Senators Togiola, Malaepule and Utu Sila Poasa for further review and amendments.

Tuaolo who was clearly not happy, couldn’t help voicing his stance in the matter, saying off-handedly, “This resolution is referred to the Conference Committee for any amendments to be done but I have already informed this chamber about what the governor said concerning the funds in question.

“He specifically said that they have already spent the funds, so I don’t know what we are going to investigate!”

Tuaolo also informed the chamber that the House of Representatives had already submitted the Senate’s version of the $22 million supplemental bill with amendments of their own and asked for a motion to reject the House amendments. (See story of House supplemental bill amendments in today’s issue of Samoa News.)

Senator Utu moved the motion and requested that the bill also be referred to the Conference Committee.

Senator Togiola raised his concerns on the bill saying that the actual surplus from the FY 2022 was $22, 690,000 and he asked where the $690,000 had gone.

Tuaolo revealed that the House had found the discrepancy in their investigations and the matter will be discussed the next day.